Want Your Marijuana Startup to Succeed? Study Patent Law

This week, voters in five states, including California, Arizona, and Massachusetts, will consider whether to legalize recreational marijuana. Four other states will decide whether to allow medical use. But regardless of the outcome on November 8, marijuana will remain prohibited under US law. Despite being illegal at the federal level, the US marijuana industry is worth over $5 billion, and it’s becoming increasingly dependent on technology. Wherever there is technological innovation, inventors use patent law to protect what they create. Yet few people realize that marijuana-related inventions can be patented. The upcoming votes may not change the federal status of marijuana, but they will attract people to the industry, create new jobs, and support growing businesses. These trends will drive innovation and create new patentable technology.

In fact, several companies have already been granted marijuana-related patents. The UK-based company GW Pharmaceuticals owns more than 25 US patents that range in...

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